Events Sponsored

National Patent Drafting Competition to be held by IIPRD


IIPRD, in support of Khurana and Khurana, Sughrue Mion, and other Supporting Partners, is planning to conduct a National Level Patent Drafting Competition (NPDC) with the goal of spreading a strong and wide awareness on patent issues whilst also seeking to enable practitioners to understand the quintessential sine qua nons of patent drafting. The best part ?  SpicyIP readers get a whole 50% discount on the participation fees (Rs. 550/- instead of 1100/-)  !! Please find the details of the…


Read More »
Trademark

Trademark Infringement, With a Cherry on Top


cherry

On 24th June, 2015, in an interlocutory application, the Bombay High Court made a distinction between usage of the word ‘Cheri’ with respect to pharmaceutical preparation and ‘Cherry’ with respect to a dietary supplement, holding that there was no  trademark infringement. The order is available here. The plaintiffs, Indchemie Health Specialists Pvt. Ltd, were registered proprietors of the trademark ‘Cheri’, used in haematinic preparations for iron deficiency, sold in the form of syrups, tablets and capsules. The trademark was in…


Read More »
Trademark

VIT University Trademark Dispute: A rose is a rose?


fighting-corrpution-higher-education

Recently, the Madras High Court granted an interim injunction restraining Vivekananda Institute of Technology from using the acronym ‘VIT’ in relation to its engineering colleges. Since Vellore Institute of Technology, Vellore, was the prior registered owner of the mark VIT for education, training, sports etc, and the mark was held to be a well known mark, the question the court had to decide was whether the defendant could be allowed to ‘VIT’ for their educational institutions set up in Jaipur….


Read More »
Copyright Others

A Lethal Legal League?


league_of_extraordinary_gentlemen

In a piece for the Wire (a pioneering new media initiative by the famed duo of Siddharth Varadarajan [former editor in chief of the Hindu] and Siddharth Bhatia [founding editor in chief of DNA]), I reflect on the cosy cabals that plague our legal ecosystem. Ranging from a judicial fiefdom (collegium of senior judges that select their very own) to the notorious Bar Council of India (that awards dodgy tenders) to the CLAT clique of vice chancellors who refuse to institutionalise…


Read More »
Innovation

SpicyIP Tidbit: India’s Draft Medical Device Policy – Focus on Standards and Innovation


laboratory

On the blog here, we’ve been huge fans of transparency in standards and innovation. In fact, a while ago we had blogged about how the Indian standards system is fairly opaque and how there are some major access problems (see here and Swaraj’s post here). The thrust of these posts was that the Bureau of Indian Standards, the standard setting organisation has locked these standards up behind fairly expensive payment systems when they are critical to the everyday lives of…


Read More »
Others

SpicyIP Weekly Review (22 June – 28 June)


unnamed

Our SpicyIP Highlight of the Week this week is Rupali’s post on the Pest Control v. Sudhakar judgment in our I-3 series. She notes that the order passed herein was an ex-parte interim injunction, and contained no details of the patent, no analysis evaluation of the arguments, and did not even go into the four step test for interim injunctions. She then picks up from her last post and argues for the ‘relative assessment standard’ over blind deference to the…


Read More »
Drug Regulation Patent

SpicyIP Tidbit: TAG and GHJP file lawsuit for the release of Sovaldi and Harvoni clinical trial data


In what is perhaps of the beginning another chapter to the Sovaldi saga, the Treatment Action Group (TAG) and the Global Health Justice Partnership (GHJP), represented by Yale Law School’s Media Freedom and Information Access Clinic (MFIA Clinic), have filed a federal lawsuit against the FDA and the Department of Health and Human Services, asking for access to the clinical trial information that Gilead Sciences submitted to the FDA on the Sovaldi and Harvoni drugs. The lawsuit comes after Gilead…


Read More »
Patent

Interrogating Interim Injunctions – Pest Control vs Sudhakar


Image from here.

With our I3 series- Interrogating Interim Injunctions – we’ve been trying to highlight the defunct nature of the interim injunction remedy – and the ease with which it lends itself to forced settlements in otherwise contentious disputes. Trial strategy is a complex procedure, and my point is not to endorse litigiousness in the face of other methods of resolving a dispute. However, out of court processes are dangerous when both parties are not on even footing – and when the stilts…


Read More »
Patent

Eureka Forbes and Hindustan Unilever: Water purification patent pitter-patter


250px-Water_purification_2012

A few days ago, as reported by the Financial Express, the Chennai patent office rejected a patent application filed by Eureka Forbes for its ‘iron removal water purifier’ after a pre grant opposition filed by Hindustan Unilever Ltd. Hindustan Unilever argued that “the usage of ion exchange resin for the removal of iron as well as its usage in gravity water filters is well known in prior art.” Moreover, as reported, Hindustan Unilever contended that Eureka Forbes had failed to…


Read More »
Patent

Interrogating Interim Injunctions: Ramkumar’s dual-SIM patent


Here’s the third of Saahil Dama’s guest posts on interim injunctions in patent cases. Here, he examines the most notorious example of “injunction holdup” – the Ramkumar case. [Disclaimer: This is a fairly long post.] Saahil is a student at National Law University, Jodhpur. He is currently in the fourth year and is pursuing Intellectual Property Law Honours at the University. You can find his previous posts here and here. Interrogating Interim Injunctions: Ramkumar’s dual-SIM patent By Saahil Dama Some readers may remember the…


Read More »